VELASCO v.

BELMONTE
Non Legislative Powers & Special
Bodies
G.R. No. Ponente Date
211140   JUSTICE TERESITA J. LEONARDO DE January 12, 2016
CASTRO
Petitioners Respondents
LORD ALLAN JAY Q. VELASCO HON. SPEAKER FELICIANO R. BELMONTE,
JR., SECRETARY GENERAL MARILYN  B. 1

BARUA-YAP AND REGINA ONGSIAKO

REYES,

DOCTRINE:
Remedial Law; Special Civil Actions; Quo Warranto; Words and Phrases; A petition for quo
warranto is a proceeding to determine the right of a person to the use or exercise of a
franchise or office and to oust the holder from its enjoyment, if his claim is not well-founded, or
if he has forfeited his right to enjoy the privilege.—A petition for quo warranto is a proceeding
to determine the right of a person to the use or exercise of a franchise or office and to oust the
holder from its enjoyment, if his claim is not well-founded, or if he has forfeited his right to
enjoy the privilege. Where the action is filed by a private person, he must prove that he is
entitled to the controverted position; otherwise, respondent has a right to the undisturbed
possession of the office. In this case, given the present factual milieu, i.e., (i) the final and
executory resolutions of this Court in G.R. No. 207264; (ii) the final and executory resolutions
of the COMELEC in SPA No. 13-053 (DC) cancelling Reyes’s Certificate of Candidacy; and
(iii) the final and executory resolution of the COMELEC in SPC No. 13-010 declaring null and
void the proclamation of Reyes and proclaiming Velasco as the winning candidate for the
position of Representative for the Lone District of the Province of Marinduque — it cannot be
claimed that the present petition is one for the determination of the right of Velasco to the
claimed office. To be sure, what is prayed for herein is merely the enforcement of clear legal
duties and not to try disputed title. That the respondents make it appear so will not convert this
petition to one for quo warranto.

Same; Same; Mandamus; A petition for mandamus will prosper if it is shown that the subject
thereof is a ministerial act or duty, and not purely discretionary on the part of the board, officer
or person, and that the petitioner has a well-defined, clear and certain right to warrant the
grant thereof.—Section 3, Rule 65 of the Rules of Court, as amended, provides that any
person may file a verified petition for mandamus “when any tribunal, corporation, board, officer
or person unlawfully neglects the performance of an act which the law specifically enjoins as a
duty resulting from an office, trust, or station, or unlawfully excludes another from the use and
enjoyment of a right or office to which such other is entitled, and there is no other plain,
speedy and adequate remedy in the ordinary course of law.” A petition for mandamus will
prosper if it is shown that the subject thereof is a ministerial act or duty, and not purely
discretionary on the part of the board, officer or person, and that the petitioner has a well-
defined, clear and certain right to warrant the grant thereof.

Same; Same; Same; “Ministerial Act” and “Discretionary Act,” Distinguished.—The difference
between a ministerial and discretionary act has long been established. A purely ministerial act
or duty is one which an officer or tribunal performs in a given state of facts, in a prescribed
manner, in obedience to the mandate of a legal authority, without regard to or the exercise of
his own judgment upon the propriety or impropriety of the act done. If the law imposes a duty
upon a public officer and gives him the right to decide how or when the duty shall be
performed, such duty is discretionary and not ministerial. The duty is ministerial only when the
discharge of the same requires neither the exercise of official discretion or judgment.

I. Facts of the case

● On October 10, 2012, Joseph Socorro Tan, a registered voter and resident of the
Municipality of Torrijos, Marinduque, filed with the COMELEC a petition to deny due
course or cancel the Certificate of Candidacy of Reyes as candidate for the position of
the Representative of Marinduque’s Lone District. Tan alleged that Reyes made
several material misrepresentations in her COC, i.e., "(i) that she is a resident of
Brgy. Lupac, Boac, Marinduque; (ii) that she is a natural-born Filipino citizen; (iii) that
she is not a permanent resident of, or an immigrant to, a foreign country; (iv) that her
date of birth is July 3, 1964; (v) that her civil status is single; and finally (vi) that she is
 eligible for the office she seeks to be elected to." The case was docketed as SPA No.
13-053 (DC), entitled "Joseph Socorro B. Tan v. Atty. Regina Ongsiako Reyes."
● On March 27, 2013, the COMELEC First Division resolved to grant the petition; hence,
Reyes's COC was accordingly cancelled.  Aggrieved, Reyes filed a motion for
reconsideration thereto. Whilst the Motion for Reconsideration was pending, national
elections were subsequently held on May 13. The next day, the COMELEC En Banc
AFFIRMED the decision of the First Division.

● A copy of the COMELEC En Banc resolution was received by the Marinduque Provincial
Election Supervisor, through Executive Assistant Rossini M. Oscadin, on May 15, 2013.
Whilst Atty. Nelia S. Aureus, counsel of Regina Reyes received the same next day.
However, despite receipt of such, on May 18, the Marinduque Provincial Board of
Canvassers (PBOC) proclaimed Reyes as the winner of the for the position of
Representative of the Lone District of Marinduque.

● On May 31, 2013, 2 cases were filed before the HRET against Reyes. The first case
docketed as HRET Case No. 13-028 which is an Election Protest Ad Cautelam filed by
Velasco. The second case filed by Christoper P. Matienzo meanwhile is a Petition for
Quo Warranto Ad Cautelam.

● On June 5, 2013, the COMELEC En Banc issued a Certificate of Finality in SPA No. 13-

053 (DC), which stated that considering that 21 days had lapsed, and that the Supreme
Court had NOT restrained the assailed resolution, it had become FINAL and
EXECUTORY.

● Speaker Belmonte subsequently administered the Oath of Office to Regina Reyes on

June 6, 2013. 4 days later, Regina Reyes filed before this Court a Petition
for Certiorari docketed as GR. No. 207264, assailing (i) the May 14, 2013 Resolution of
the COMELEC En Banc, and (ii) the June 5, 2013 Certificate of Finality. This petition
was dismissed by the Court in a Resolution dated June 25, 2013. The Court held that
Reyes cannot assert that it is the HRET which has jurisdiction over her since she is not
yet considered a Member of the House of Representatives. This Court explained that to
be considered a Member of the House of Representatives, there must be a concurrence
of the following requisites: (i) a valid proclamation, (ii) a proper oath,
and (iii) assumption of office. At noon of June 30, Reyes subsequently assumed and
started discharging the office of Representative for the lone district of Marinduque.

● Velasco filed a Petition for Certiorari before the COMELEC docketed as SPC No. 13-
010, which assailed the proceedings of the PBOC and the proclamation of Reyes
as null and void, which was initially denied by the COMELEC in a Resolution dated
June 19. This led Velasco to file a Motion for Reconsideration which was granted by the
COMELEC En Banc on July 9, anent thereto, it declared null and void and without legal
effect the proclamation of Reyes. The COMELEC En Banc then declared and
proclaimed Velasco as the duly elected Representative of Marinduque.

● On June 28, 2013, Joseph Soccoro Tan filed a Motion for Execution (of the March 27,
2013 Resolution of the COMELEC First Division and the May 14, 2013 Resolution of the
COMELEC En Banc) in SPA No. 13-053 (DC), wherein he prayed that Lord Allan Jay Q.
Velasco be proclaimed as the duly elected Member of the House of Representatives for
the Lone District of Marinduque, during the May 2013 National and Local Elections. On
July 10, 2013, the COMELEC En Banc granted the same, and directed the composition
of a new Provincial Board of Canvassers for Marinduque who were then directed to
convene on July 16, 2013 to proclaim Lord Allan Jay Q. Velasco as the duly elected
representative of Marinduque. The New Provincial Board of Canvassers for Marinduque
was also directed to furnish copy of the Certificate of Proclamation to the DILG and the
House.

● On July 22, 2013, the 16th Congress formally convened in a joint session. On the same
day, Reyes, as the recognized elected Representative for the Lone District of
Marinduque, along with the rest of the Members of the House of Representatives, took
their oaths in open session before Speaker Belmonte, Jr.
 ● On July 23, 2013, Reyes filed a Manifestation and Notice of Withdrawal of
Petition "without waiver of her arguments, positions, defenses/causes of action as will be
articulated in the HRET which is now the proper forum. The Court subsequently ruling in
the Motion for Reconsideration she filed in GR. No. 207264, DISMISSED the Motion
for Reconsideration. On November 27, 2013, Reyes filed a Motion for Leave of Court
to File and Admit Motion for Reconsideration in G.R. No. 207264, which the Court
treated as a Second Motion for Reconsideration, and such was DENIED on December
3, 2013.

● On December 5, 2013 and January 20, 2014, respectively, Velasco sent two letters to
Reyes essentially demanding that she vacate the office of Representative of the Lone
District of Marinduque and to relinquish the same in his favor. On December 10, 2013
Velasco also wrote a letter to Speaker Belmonte Jr. requesting, among others, that he
be allowed to assume the position of Representative of the Lone District of Marinduque.

● On December 11, 2013, in SPC No. 13-010, acting on the Motion for Issuance of a Writ
of Execution filed by Velasco on November 29, 2013. The COMELEC issued an Order
dated December 13 directing, inter alia, that all copies of its Resolutions in SPA No. 13-
053 (DC) and SPC No. 13-010, the Certificate of Finality dated June 5, 2013, the Order
dated July 10, 2013, and the Certificate of Proclamation dated July 16, 2013 be
forwarded and furnished to Speaker Belmonte, Jr. for the latter's information and
guidance.

● On February 4, 2014, Velasco wrote another letter to Speaker Belmonte, Jr. reiterating
the above-mentioned request but to no avail. 2 days later, Velasco also wrote a letter to
Sec. Gen. Barua-Yap reiterating his earlier requests to delete the name of Reyes from
the Roll of Members and register his name in her place as the duly elected
Representative of the Lone District of Marinduque. Velasco relates that his efforts
proved futile. He alleges that despite all the letters and requests to Speaker Belmonte,
Jr. and Sec. Gen. Barua-Yap, they refused to recognize him as the duly elected
Representative of the Lone District of Marinduque. Likewise, in the face of numerous
written demands for Reyes to vacate the position and office of the Representative of the
Lone District of Marinduque, she continues to discharge the duties of said position.

II. Issue/s

No. 1 Whether or not the House of Representatives Electoral Tribunal has jurisdiction
over the instant case?

No. 2 Whether or Not the Velasco had successfully proved his entitlement to the Writ of
Mandamus?

III. Ratio/Legal Basis

ISSUE NO. 1
● The House of Representatives Electoral Tribunal has NO jurisdiction over the instant
case, considering that jurisdiction of the HRET begins only after the candidate is considered
a Member of the House of Representatives, as stated in Section 17, Article VI of the 1987
Constitution.

● In order for one to be considered a Member of the House of Representatives, there must be
a concurrence of the following requisites: (1) a valid proclamation, (2) a proper oath, and (3)
assumption of office

● Considering that valid proclamation is the first essential element before a candidate can be
considered a Member of the House of Representatives over which the Tribunal could
assume jurisdiction. Such element is obviously absent in the present cases as Regina
Reyes' proclamation was nullified by the COMELEC, which nullification was upheld by the
Supreme Court. On this ground alone, the Tribunal is without power to assume jurisdiction
 over the present petitions since Regina Reyes "cannot be considered a Member of the
House of Representatives,"

● Even if Reyes had sworn the Oath En Masse together with the elected Representatives
when on July 22, 2013, the 16th Congress had formally convened, she had NO valid
Certificate of Candidacy or Proclamation, essentially negating the second element
required.

● Lastly, considering that her Certificate of Candidacy was CANCELLED and NO VALID
proclamation from the Provincial Board of Canvassers of Marinduque, then there is
absolutely NO LEGAL BASIS for Reyes to discharge the office and duties of the
Representative of the Lone District of Marinduque.

● The foregoing state of affairs collectively lead this Court to consider the facts as settled and
beyond dispute - Velasco is the proclaimed winning candidate for the Representative of
the Lone District of the Province of Marinduque.

● The important point of reference should be the date the COMELEC finally decided to cancel
the Certificate of Candidacy (COC) of Reyes which was on May 14, 2013. The most crucial
time is when Reyes's COC was cancelled due to her non-eligibility to run as Representative
of the Lone District of the Province of Marinduque - for without a valid COC, Reyes could
not be treated as a candidate in the election and much less as a duly proclaimed
winner. That particular decision of the COMELEC was promulgated even before Reyes' s
proclamation, and which was affirmed by this Court's final and executory Resolutions dated
June 25, 2013 and October 22, 2013.

ISSUE NO. 2
● YES, Lord Allan Jay Q. Velasco had had successfully proved his entitlement to the Writ
of Mandamus

● The difference between a ministerial and discretionary act has long been established. A
purely ministerial act or duty is one which an officer or tribunal performs in a given state
of facts, in a prescribed manner, in obedience to the mandate of a legal authority,
without regard to or the exercise of his own judgment upon the propriety or impropriety
of the act done. If the law imposes a duty upon a public officer and gives him the right to
decide how or when the duty shall be performed, such duty is discretionary and not
ministerial. The duty is ministerial only when the discharge of the same requires neither
the exercise of official discretion or judgment.

● That Velasco now has a well-defined, clear and certain right to warrant the grant of the
present petition for mandamus is supported by the following undisputed facts that should
be taken into consideration:
a. First. At the time of Reyes's proclamation, her COC was already cancelled by the
COMELEC En Banc in its final finding in its resolution dated May 14, 2013, the
effectivity of which was not enjoined by this Court, as Reyes did not avail of the
prescribed remedy which is to seek a restraining order within a period of five (5) days
as required by Section 13(b), Rule 18 of COMELEC Rules. Since no restraining
order was forthcoming, the PBOC should have refrained from proclaiming Reyes.
b. Second. This Court upheld the COMELEC decision cancelling respondent Reyes's
COC in its Resolutions of June 25, 2013 and October 22, 2013 and these
Resolutions are already final and executory.
c. Third. As a consequence of the above events, the COMELEC in SPC No. 13-010
cancelled respondent Reyes's proclamation and, in turn, proclaimed Velasco as the
duly elected Member of the House of Representatives in representation of the Lone
District of the Province of Marinduque. The said proclamation has not been
challenged or questioned by Reyes in any proceeding.
d. Fourth. When Reyes took her oath of office before respondent Speaker Belmonte,
Jr. in open session, Reyes had NO valid COC NOR a valid proclamation. Thus, to
consider Reyes' s proclamation and treating it as a material fact in deciding this case
will paradoxically alter the well-established legal milieu between her and Velasco.
 e. Fifth. In view of the foregoing, Reyes HAS ABSOLUTELY NO LEGAL BASIS to
serve as a Member of the House of Representatives for the Lone District of the
Province of Marinduque, and therefore, she HAS NO LEGAL PERSONALITY to be
recognized as a party-respondent at a quo warranto proceeding before the HRET.

● The present Petition for Mandamus seeks the issuance of a writ of mandamus to

compel respondents Speaker Belmonte, Jr. and Sec. Gen. Barua-Yap
to acknowledge and recognize the final and executory Decisions and Resolution of this
Court and of the COMELEC by administering the oath of office to Velasco and entering
the latter's name in the Roll of Members of the House of Representatives. In other
words, the Court is called upon to determine whether or not the prayed for acts, i.e., (i)
the administration of the oath of office to Velasco; and (ii) the inclusion of his name in
the Roll of Members, are ministerial in character vis-a-vis the factual and legal milieu of
this case. As we have previously stated, the administration of oath and the registration of
Velasco in the Roll of Members of the House of Representatives for the Lone District of
the Province of Marinduque are no longer a matter of discretion or judgment on the
part of Speaker Belmonte, Jr. and Sec. Gen. Barua-Yap. They are legally duty-bound to
recognize Velasco as the duly elected Member of the House of Representatives for the
Lone District of Marinduque in view of the ruling rendered by this Court and the
COMELEC'S compliance with the said ruling, now both final and executory.

IV. Disposition

WHEREFORE, the Petition for Mandamus is GRANTED. Public respondent Hon. Feliciano

R. Belmonte, Jr., Speaker, House of Representatives, shall administer the oath of office of
petitioner Lord Allan Jay Q. Velasco as the duly-elected Representative of the Lone District
of the Province of Marinduque. And public respondent Hon. Marilyn B. Barua-Yap, Secretary
General, House of Representatives, shall register the name of petitioner Lord Allan Jay Q.
Velasco in the Roll of Members of the House of Representatives after he has taken his oath
of office. This Decision shall be IMMEDIATELY EXECUTORY.